Seminar and Workshop on Advanced Issues in Law and Policy of the European Union, nafta and the wto



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104 See text accompanying note 94 above.

105 There is, of course, a wide range of institutions within different EU countries which perform various, and in some cases most, of the functions undertaken by a full-fledged national human rights commission. It is beyond the scope of this paper to review those arrangements, but it is revealing that the ‘Good Friday’ agreement of 10 April 1998 relating to Northern Ireland provides that human rights commissions will be established in both Ireland and Northern Ireland and commits the British Government to consider bringing together various existing functions into a ‘unified Commission’. But, as has been argued elsewhere, even that proposal falls significantly short of constituting a national human rights commission, per se, for Britain. See S. Spencer and I. Bynoe, A Human Rights Commission: The Options for Britain and Northern Ireland (1998).

106 Harlow, ‘Access to Justice as a Human Right. The European Convention and the European Union’, in Alston, supra note 10.

107 See Gearty, ‘The Internal and External “Other” in the Union Legal Order: Racism, Religious Intolerance and Xenophobia in Europe’ in Alston, supra note 10.

108 As Professor Gaja notes: ‘Opinion 2/94 does not appear to imply that the Treaty [would need to] be amended in order to establish within the European Community a monitoring system concerning the respect of human rights by Community institutions and by Member States within the scope of Community law.’ Gaja, ‘New Instruments and Institutions for Enhancing the Protection of Human Rights in Europe?’, in Alston, supra note 10.

109 See Alston, supra note 10.

110 See generally O’Leary, ‘The Relationship between Community Citizenship and the Protection of Fundamental Rights in Community Law’, 32 Common Market Law Review (1995) 519; Neussl, ‘European Citizenship and Human Rights: An Interactive European Concept’, 24 Legal Issues of European Integration (1997) 47; and M. La Torre (ed.), European Citizenship: An Institutional Challenge (1998).

111 See text accompanying note 126 below.

112 See generally Barnard, ‘Gender Equality in the EU: A Balance Sheet’, in Alston, supra note 10.

113 See International Lesbian and Gay Association – Europe, Equality for Lesbians and Gay Men: A Relevant Issue in the Civil and Social Dialogue (1998); and the ‘nine point Community Action Plan’, which was proposed in 1993 but has not subsequently been given much attention. Clapham and Weiler, ‘A Call for a Nine Point Community Action Plan to Combat Discrimination against Lesbians and Gay Men’, in K. Waaldijk and A. Clapham (eds), Homosexuality: A European Community Issue (1993) 395.

114 See generally Quinn, ‘The Human Rights of People with Disabilities under EU Law’, in Alston, supra note 10.

115 Rudge, ‘Challenges to Refugee Protection in the 21st Century. Reconciling State Interests with International Responsibilities: Asylum in North America and Western Europe’, 10 International Journal of Refugee Law (1998) 7.

116 For example, S. Peers, Mind the Gap!: Ineffective Member State Implementation of European Union Asylum Measures, (1998).

117 See Council of Europe, La Charte des villes refuges: Un réseau contre l’intolérance, pour la protection des écrivains menacés et persécutés (1997).

118 Noll and Vedsted-Hansen, ‘Non-Communitarians: Refugees and Asylum Policies’, in Alston, supra note 10.

119 European Court of Human Rights, Gaygusuz v. Austria, judgment of 16 September 1996, Reports of Judgements and Decisions 1996-IV.

120 See Save the Children, Towards an EU Human Rights Agenda for Children (1998)

121 Kamminga, ‘Holding Multinational Corporations Accountable for Human Rights Abuses: A Challenge for the European Community’, in Alston, supra note 10.

122 Code of Conduct for companies from the EC with subsidiaries, branches or representation in South Africa as revised by the Ministers for Foreign Affairs of the ten countries of the European Community and Spain and Portugal, 1977, revised in 1985. Reprinted in Clapham, supra note 8, at 155. For an assessment see M. Holland, The European Community and South Africa: European Political Co-operation Under Strain (1988) 74.

123 Council of the European Union, 2097th meeting, Brussels, 25 May 1998, Press Release 8687/98 (Presse 162), at 16.

124 Letter of 14 November 1997 to the Chairman of the European Parliament’s Committee on Foreign Affairs, Security and Defence Policy.

125 Building the European Information Society For Us All: Final Policy Report of the High-Level Expert Group (1997), at 61.

126 This analysis draws in particular on: P. Brophy and E. F. Halpin, ‘Information Technology and Human Rights: A Briefing Paper’, July 1998; and E. Sottas and B. Schonveld, ‘The Beguiling Song of Technology: A European Vision on Technology and Human Rights’, June 1998.

127 For a detailed analysis see Peers, ‘Human Rights in the Context of the Third Pillar’, in Alston, supra note 10.
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